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[1] Our Constitution opens with an acknowledgement that as the people of South Africa, we recognise the injustices of our past and believe that South Africa belongs to all who live in it, united in our diversity. Human dignity, the achievement of equality and the advancement of human rights and freedoms form part of the founding provisions of our Constitution. It also entrenches its supremacy by stating that “law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”

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[2] The Constitution recognises freedom of religion, belief and opinion by conferring upon everyone that right. It also permits for legislation recognising “marriages concluded under any tradition, or system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.” Such recognition, importantly, must be consistent with provisions of the Constitution.

Click here to read the full judgment on Saflii [1] On 23 March 2018 this Court issued an order and indicated that reasons would follow. Here are the reasons which also include the determination of costs that were reserved. The order in question was formulated in these terms: →